Free Order (AEDPA) Service Order (2254) - District Court of Delaware - Delaware

Case 1:06-cv-00583-JJF D0cument5 Filed 10/20/2006 Page1 0f3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JERMAINE BARNETT, )
Petitioner, )
v. ) Civil Action No. 06-583-JJF
THOMAS CARROLL, )
Warden, and CARL C. )
DANBERG, Attorney )
General of the State of )
Delaware, )
Respondents. )
O R D E R
At Wilmington this gggl day of October, 2006, the petition
of Jermaine Barnett for a Writ of Habeas Corpus having been
reviewed pursuant to 28 U.S.C. § 2254, Rule 4;
IT IS HEREBY ORDERED that:
l. Pursuant to 28 U.S.C. § 2254, Rules 3(b) and 4, the
clerk shall forthwith serve a copy of the petition and memorandum
(D.I. I), the order dated September 28, 2006, (D.I. 3), the
AEDPA election form, (D.I. 4), and this order upon: (I) the
above—named Warden of the facility in which petitioner is housed;
and (2) the Attorney General of the State of Delaware.
2. Within forty—five (45) days of receipt of the petition
and this order, in accordance with 28 U.S.C. § 2254, Rule 5,
respondents shall:

Case 1:06-cv-00583-JJF Document 5 Filed 10/20/2006 Page 2 of 3
a. State whether the petitioner has exhausted his
state remedies including any post-conviction remedies available
to him under the statutes or procedural rules of the State and
including also his right of appeal both from the judgment of
conviction and from any adverse judgment or order in the post-
conviction proceeding:
b. State whether any claim in the petition is barred
by a procedural bar, non—retroactivity, or the statute of
limitations;
c. Respond to the allegations of the petition;
d. Indicate what transcripts (of pretrial, trial,
sentencing, and post—conviction proceedings) are available, when
they can be furnished, and also what proceedings have been
recorded and not transcribed;
e. Attach to the answer certified copies of such
portions of the transcripts as may be material to the questions
raised in the petition, as well as certified copies of the
petitioner's brief(s) on appeal (direct and/or post—conviction)
and of the opinion(s) of the appellate court, if any.
f. Attach to the answer copies of any Rule 61 affidavits
filed by petitioner’s trial and/or appellate counsel in response
to allegations of ineffective assistance of counsel raised in a
petitioner’s post—conviction proceeding filed pursuant to
Delaware Superior Court Criminal Rule 61.
2

Case1:06-cv—00583-JJF D0cument5 Filed 10/20/2006 Page30f3
3. The clerk shall mail a cepy 0f this erdex fexthwith t0
the petitioner.
·° 9 -OY-·(./1,·v-·—— 4
U ED S- TE DISTRICT DGE
3